Transcript Environmental Health XIII. Environmental Law

Environmental Health
XIII. Environmental Law
Shu-Chi Chang, Ph.D., P.E., P.A.
Assistant Professor1 and Division Chief2
1Department of Environmental Engineering
2Division of Occupational Safety and Health,
Center for Environmental Protection and Occupational Safety and Health
National Chung Hsing University
Thursday, June 14, 2007
Outline
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Introduction
The Clean Air Act and amendaments
The Clean Water Act
Safe Drinking Water Act
Pollution Prevent Act
Solid Waste Disposal Act
Radioactive Wastes
Toxic Substance Control Act
Federal Food, Drug, and Cosmetic Act
Federal Insectcide, Fungicide, and Rodenticide Act
Atomic Energy Act
Other environmental laws
Introduction
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National Environmental Policy Act
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Environmental Impact Statement
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Encourage productive and enjoyable harmony between
people and their environment
Promote effort that will prevent or eliminate damage to the
environment and biosphere and stimulate the health and
welfare of man
enrich our understanding of ecological systems and natural
resources important to the nation
Federal
Major
Will have a significant effect on the environment
Council on Environmental Quality
Growth of environmental laws
The Clean Air Act and
Amendments
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Clean Air Act ->Air Quality Act, 1967
National Ambient Air Quality Standards (NAAQS)
Best available control technology (BACT)
Reasonable available control technology (RACT)
1990 amendment
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Harm-based standards
Technology-based standards
Technology-forcing standards
Permitting system
Trade of pollution allowance
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Total amount
Fixed cost
The Clean Water Act
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Also has harm- and technology-based
standards
Water quality in the ambient environment
National Pollution Discharge Elimination
System (NPDES)
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Discharge permit
1987 amendment set stricter discharge limits
Safe Drinking Water Act
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SDWA, 1974
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Maximum contaminant levels (MCLs)
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Also regulated underground injection of liquid wastes
No safe levels for carcinogens
Control cost must be reasonable
1977 amendment: to assess future supplies and
demands
Chlorine concerns
1986 and 1996 amendment added more
contaminants to be regulated
1996 amendment put emphasis on emerging
contamiants, such as Cryptosporidium
Pollution Prevent Act
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CAA and CWA emphasize treatment and
remediation, not prevention
PPA passed in 1990: Release to the
environment is the last resort
Encourage the sharing and transfer of
source reduction technology
Worker’s exposure was significantly
reduced
Solid Waste Disposal Act
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SWDA, 1965
Resource Recovery Act, 1970 was then replace by
Resource Conservation and Recovery Act (RCRA)
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To protect human health and the environment
To reduce waste and conserve energy and natural resources
To reduce or eliminate the generation of hazardous waste as
soon as possible
Hazardous and Solid Waste Amendment Act, 1984
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Hazardous waste treatment
Toxic waste cannot be burned in industrial or apartment
furnace
Siting of hazardous waste treatment facility
CERCLA
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Comprehensive Environmental Response,
Compensation, and Liability Act, 1980
(Superfund Law)
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Love Canal
National Priority List (NPL)
Monies were derived through taxes on chemical
feedstocks and crude oil supplies
Responsible parties
Innocent purchaser
Emergency Planning and
Community Right-to-Know Act
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Title III of the Superfund Amendments
and Reauthorization Act of 1986
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Address concerns about the effects of
chemical releases on communities
Local disaster preparedness program
Toxic substance registry and right to know
Toxic release inventory
Radioactive Wastes
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High level and low level
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Nuclear Waste Policy Act (for high level)
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Geological repository
Monitored retrievable storage
Transportation system
Low-level radioactive waste policy
amendment
Roles of Department of Energy and US
Nuclear Regulatory Commission
Toxic Substance Control Act
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TSCA, 1976
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Pre-manufacturing reporting
Gives EPA broad power to collect information
Gives EPA the authority to restrict manufacturing
related activities
Export of toxic chemicals
Effects
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Exposure to toxic substances can be reduced
Could discourage industrial research and
development
Federal Food, Drug, and Cosmetic
Act
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FFDCA, 1938
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Barring foods that present a serious risk
Foods containing naturally occurring toxic
substance
Generally recognized as safe (GRAS)
Delaney clause: “no additive shall be deemed
safe if it is found to induce cancer when
ingested by man or animal”
Federal Insectcide, Fungicide,
and Rodenticide Act
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FIFRA, 1947
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No pesticide may be marketed unless it has
been registered by the EPA
Controversy on DDT, aldrin, and dieldrin
1975 amendment requires EPA to
proposal to for a scientific panel for
review
Occupational Safety and Health Act
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Establishment of OSHA and NIOSH
OSHA is in charge of working with the
states to develop and implement
improved occupational health programs
NIOSH were to conduct research on
safety and health problems
Standards and inspection system
Atomic Energy Act
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AEA, 1974
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USNRC is responsible for licensing the transfer,
acquisition, possession, or use of any nuclear
facility, and for regulating radioactive materials,
and by-products
Uranium Mill Tailings Radiation Act
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DOE is required to designate and assign properties
for the remediation of wastes at former uranium
mill tailings processing sites.
Other environmental laws
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Energy policy and Conservation Act,
1975
Energy Policy Act, 1992
Endangered Species Act, 1973
Marine Protection Act,
Bald and Golden Eagle Protection Act